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How to File a Complaint Against a Doctor in NY

How to File a Complaint Against a Doctor in NY

How to File a Complaint against a Doctor in NY

$4.5 Millionfor a young woman paralyzed as a result of medical malpractice

If you believe you are a victim of medical malpractice in New York, you can report the matter to the proper government agency. The advantage in doing so is that the agency can investigate and take appropriate discipline, levy fines or suspend or revoke medical licenses.

Filing a report can also help to substantiate your case in a medical malpractice lawsuit, especially when a board investigates and discovers the practitioner engaged in non-standard practice that caused your injury. In addition, our New York City lawyers at Rubenstein & Rynecki can file a medical malpractice lawsuit on your behalf and help you recover compensation. We are a personal injury law firm with over 40 years of legal experience and have successfully handled thousands of injury cases.

The complaint process

To file a complaint about a physician, you must write a letter or complete a complaint form and send it to the New York State Department of Health. Both the Office of Medical Conduct (OPMC) and the Board for Professional Medical Conduct investigate and adjudicate complaints against physicians, physician assistants and specialist assistants. You must file complaints about dentists, nurses, chiropractors, podiatrists, optometrists, psychologists and other professionals with the Office of Professional Discipline.

Information to include in reports

Types of issues you can report include negligence, incompetence or illegal or unethical practices and misconduct. Examples of issues the Board handles include practitioners who do the following:

  • Provide services while impaired by alcohol, drugs, or physical or mental disability
  • Abandon or neglect a patient in need of immediate care
  • Exploit patients through sales or service, goods, drugs, etc.
  • Refuse to treat patients for discriminatory reasons
  • Guarantee cures
  • Harass, abuse or intimidate patients
  • Fail to make patient records and X-rays available
  • Practice when unlicensed or practice with suspended or inactive licenses
  • Reveal private information without the patient's consent

How your report can lead to results

The OPMC can investigate the issue reported and if it uncovers sufficient evidence, the matter goes to an investigating committee, which can recommend a hearing. At a hearing, the board (two physicians and a lay member) hears evidence from both sides. The committee rules on the case and determines the penalty, when merited.

Representation since 1972

Rubenstein & Rynecki and its previous firms have handled medical malpractice cases since 1972. We can assist you with filing a New York claim and represent you in a lawsuit. It costs you nothing to discuss your medical injury with us and find out whether we can help. No recovery, no fee. Contact us today for a free consultation.

Case Results

  • $62 million verdict

    $62 million verdict for medical malpractice causing double amputation

  • $22.9 million verdict

    $22.9 million verdict (reduced on appeal) for a motorcyclist struck by a milk truck in Queens

  • $17.9 million

    $17.9 million for medical malpractice causing amputation of hands and feet